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Tax Court: JW Marriott’s appeal in 8-year-old assessment case premature

January 28, 2019

The owner of the downtown Indianapolis JW Marriott Hotel prematurely appealed its 2010 real property assessment with the Indiana Tax Court because a lower reviewing authority had not yet been given its full statutory time to review the matter, the Indiana Tax Court ruled Friday.

Stone accused of lying and witness tampering, but not collusion

January 28, 2019

Donald Trump confidant Roger Stone may be accused of lying and tampering with witnesses, but it’s equally notable what he’s not charged with: colluding with the Kremlin in a grand conspiracy to help Trump win the presidency in 2016. The case is the latest in a series brought by special counsel Robert Mueller that focuses on cover-ups but lays out no underlying crime.

Senate panel set to take up nomination of Trump’s AG pick

January 28, 2019

The Senate Judiciary Committee this week is set to take up the nomination of William Barr, President Donald Trump’s pick for attorney general. The committee’s Republican chairman, Sen. Lindsey Graham of South Carolina, said the panel will vote on Barr on Tuesday, though it’s likely Democrats will seek to postpone it.

Elkhart officer wants change of venue for battery trial

January 28, 2019

An Elkhart police officer charged with battery of a suspect is asking for his case to be moved to another county so he can receive a fair trial. Joshua Titus asked Elkhart Superior Judge Charles Wicks to move his trial to Noble County.

Justices grapple with refiling of similar CHINS case

January 28, 2019

As Indiana’s executive and legislative branches work to implement reforms in the Department of Child Services and boost funding, the judicial branch is also reviewing the department in a case that could decide whether child welfare cases are subject to res judicata.

Opinions Jan. 25, 2019

January 25, 2019

Indiana Court of Appeals
Morgan K. Govan v. State of Indiana

18A-CR-708
Criminal. Affirms Morgan K. Govan’s conviction of possession of cocaine or narcotic drug as a Level 4 felony, the determination that he is a habitual offender and his aggregate 30-year and 183-day sentence. Finds the Allen Superior Court did not err in admitting into evidence the heroin found on Govan after his arrest. Also finds any abuse of the trial court’s sentencing discretion was harmless because Govan’s sentence is not inappropriate.

Man’s 33-year sentence, admission of heroin evidence upheld

January 25, 2019

A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.

Reversal: Children placed in father’s care weren’t CHINS

January 25, 2019

Three Tippecanoe County minor children age 5 and younger who were cared for by their father after they were found home alone in their mother’s home should not have been adjudicated children in need of services, the Indiana Court of Appeals held Friday in reversing the juvenile court.

COA: ‘pleasant’ drug defendant was properly Mirandized

January 25, 2019

A drug offender who received kudos from the trial court for her pleasant demeanor had her conviction and sentence affirmed by the Indiana Court of Appeals after she could not present any evidence that police failed to ensure she understood her Miranda rights.

Trump, Congress leaders reach deal to end shutdown

January 25, 2019

Yielding to mounting pressure and growing disruption, President Donald Trump and congressional leaders on Friday reached a short-term deal to reopen the government for three weeks while negotiations continue over the president’s demands for money to build his long-promised wall at the U.S.-Mexico border.

COA: Mom owes no college funds after child’s repudiation

January 25, 2019

A mother whose infidelity led to divorce and what a trial court called a “deep, seemingly bottomless rift between the children and Mother” owes a daughter no support with college expenses because the child repudiated their relationship.

No payoff for man who appealed lottery-related conviction

January 25, 2019

A man who worked with his family to illegally claim a $2 million lottery prize has lost his appeal of his multiple theft-related convictions, with the Indiana Court of Appeals finding sufficient evidence to support the convictions.

Supreme Court amends hearsay exception rule

January 25, 2019

The Indiana Supreme Court has amended Indiana’s rules regarding the admission of hearsay evidence, changing language in the rule governing then-existing mental, emotional or physical condition.

Deadline today for Leadership in Law nominations

January 25, 2019

Today is the deadline to submit nominations to honor Hoosier attorneys with the 2019 Indiana Lawyer Leadership in Law Awards. Each year, Indiana Lawyer selects 15 Distinguished Barristers and 15 Up and Coming Lawyers from attorneys nominated by their peers.

Public Defender Commission seeks funds for misdemeanors, appellate office

January 25, 2019

Guided by a task force report that calls for major reforms to Indiana’s indigent defense system, the Indiana Public Defender Commission is seeking additional funds in the state’s next biennial budget to improve defense services for indigent clients.

Lynch featured speaker at annual Diversity Dinner

January 25, 2019

Marion Circuit Judge Sheryl Lynch will be the keynote speaker at an upcoming annual event celebrating diversity and sponsored by multicultural student organizations from Indiana University Robert H. McKinney School of Law. The 7th Annual Diversity Dinner will take place at 5 p.m. Friday, March 1, at the Columbia Club with the theme “Peaceful Progression, Without Division.”

Opinions Jan 24, 2019

January 24, 2019

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Q.D.-A., Inc. v. Indiana Department of Workforce Development

19S-EX-43
Agency action. Reverses the finding that Q.D.-A. should have classified its driver as an employee, not an independent contractor. Finds the liability administrative law judge unreasonably concluded the driver was Q.D.-A.’s employee under the Unemployment Compensation Act when the driver was not under Q.D.-A.’s control or direction, performed a service outside Q.D.-A.’s usually course of business and ran an independently established business. Justice Geoffrey Slaughter concurs in result without separate opinion.

COA: Hardware store had no duty to shocked customer

January 24, 2019

A Crawfordsville hardware store that rented an aerial lift to a man who ultimately used it too close to some power lines did not have any duty to provide additional warnings, the Indiana Court of Appeals has ruled.

Justices: Drive-away driver properly classified as contractor

January 24, 2019

A “middleman” business that matches drivers with customers needing drive-away services properly classified one of its drivers as an independent contractor instead of an employee, the Indiana Supreme Court ruled in an opinion meant to resolve a conflict between two lower court rulings.

Son’s convictions for murdering parents upheld

January 24, 2019

A Lake County man convicted of murdering his parents failed to convince the Indiana Court of Appeals that a search of his family’s home was unconstitutional, thus allowing his murder convictions to stand.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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